Southern California -- this just in

Convicted child molester set to be released; OC prosecutors seek to keep him confined

February 15, 2011 | 2:21
pm

Orange County prosecutors are seeking to commit a convicted child molester to a mental institution before he is released on parole for molesting a young boy in Irvine more than a decade ago.

Douglas Mackenzie, 34, pleaded guilty last month to six felony sex charges stemming from a 1999 incident in which he was accused of sexually assaulting and videotaping a 10-year-old boy he met several years before at a church youth group in London.

After the boy's mother discovered a videotape of the sex acts and reported it to police, Mackenzie fled to Canada and was arrested by Toronto Police in 2001.

Because Mackenzie has been in custody and has received credit for time served as his case worked its way through the Canadian and American courts, his 10-year sentence has already been completed and he was set to be released on parole as early as last month.

Prosecutors on Thursday filed a petition to have Mackenzie committed under a state law that allows sexually violent offenders to be transferred to a mental health facility if they have been diagnosed with mental disorders and are considered a threat if they are released without being treated.

"Based on his history, we decided that he is a sexually violent predator," said Deputy Dist. Atty. Noorul Hasan. "We filed a petition to make sure he is not released and remains confined."

Mackenzie is scheduled to appear in court Wednesday, when a 45-day hold to allow an evaluation by the state Dept. of Mental Health is set to expire. Prosecutors will ask the court to authorize detaining him until a jury decides whether to classify him as a sexually violent predator.